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Management Prerogative

Time, Place, and Manner of Work

1. Summary ▪ Time, place, and manner of work is a management prerogative. ▪ Manner of work includes working methods and work assignments. 2. Concepts

Work Supervision

1. Summary ⦁ Work supervision is a management prerogative. ⦁ Employers are required to observe due diligence in the supervision of its employees. ⦁ Employers

FAQ: Management prerogative

Answers to frequently asked questions on management prerogative in the Philippines. What is management prerogative? Management prerogative is the bundle of rights inherent to the

Pre-Employment

Fixed-Term Employment Contract

A fixed-term employment contract is an employment arrangement between an employer and a fixed-term employee wherein the latter will perform work for a term or

Working Conditions

Supervisory Employees

1. Summary ▪ Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority

Primer: Kasambahay or Domestic Workers

1. Concepts “Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement,

Safety & Health

Primer: OSH Law (2018)

1. Summary ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018. ▪ The OSH Law applies to all establishments, projects, and sites.

Labor Relations

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Frequently Asked Questions

FAQ: Independent Contractor – Individuals

Answers to frequently asked questions on individuals as independent contractors in the Philippines. 1. Are individuals who are independent contractors considered as employees? No, individuals who are independent contractors are not employees. They are engaged in the business of providing services through their special skills, expertise, or talent. 2. What

FAQ: Premium pay

Answers to frequently asked questions on premium pay in the Philippines. What is a premium pay? A premium pay is an additional pay granted to an employee who render work on a rest day or a special non-working day. What are the conditions for an employee to be entitled to

FAQ: Resignation

Answers to frequently asked questions on resignation in the Philippines. 1. In General What is resignation? Resignation – refers to employees voluntarily and willfully exiting from employment after finding themselves in a situation that they have to severe their employment as personal reasons outweighs the demands of the work that

FAQ: Night shift differential pay

Answers to frequently asked questions on night shift differential pay in the Philippines. 1) What is the difference between night shift differential pay and night shift pay? There is no difference between night shift differential pay and night shift pay. Night shift differential pay is the legal term as provided

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  • Management Prerogative & Company Policies
  • Mandatory Workplace Policies: Drug-Free, Alcohol-Free, HIV, Hepatitis B, etc.
  • Job posts or advertisement
  • Recruitment and Placement
  • Employment Contracts (Regular, Probationary, Casual, Project, Seasonal, Fixed-Term)
  • Statutory Benefits: holiday pay, overtime pay, night shift pay, etc.
  • Due Process in Disciplining Employees (Just Causes & Procedure)
  • Due Process in Separating Employees (Authorized Causes & Procedure)
  • Flexible Working Arrangements
  • Telecommuting or Work from Home
  • Occupational Safety and Health
  • Collective Bargaining Agreement (CBA)
  • Clearance process,  Employment Bond, Final Pay, Quitclaim, etc.
  • Contracting & Subcontracting (Principal, Contractor, Deployed Personnel)

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Holiday Pay

Holiday pay is a an additional pay provided to a covered employee during regular holidays.

Cases: 13th month pay

1. Kinds of employees a. Rank-and-file employees Ramil v. Stoneleaf, Inc. G.R. No. 222416, 17 June 2020 [BACKGROUND] [The employee was hired as a Spa

Maternity Leave

Maternity leave benefits are leave credits extended to covered female employees who may want to use them during their pregnancy and even after their delivery, so that they remain paid during such absence from work.

DOLE Updates

2023 Handbook on Workers Statutory Monetary Benefits -- is out.

Regulated Industries

Private Security

Debt collection industry

1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of

Compressed Workweek

Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work

DO-174 Contracting

Job Contracting and Subcontracting

Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed

Contractor’s employees

Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the

Overseas Employment

Cases: OFWs dismissed from work

1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas

Overseas Filipino Workers (OFWs)

1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated

Post-Employment

Labor Disputes

Labor Arbiter

Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the

National Conciliation and Mediation Board

Summary ▪ The National Conciliation and Mediation Board (NCMB) formulates policies, develops plans and programs and sets standards and procedures relative to the promotion of

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